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(영문) 서울고등법원 2018.12.19 2018누39647
강등처분취소청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons why the Plaintiff’s assertion is stated in this part are as follows, and the relevant part of the reasoning of the judgment of the court of first instance (as stated below, the second to fourth of the judgment of the court of first instance) is the same as that of the relevant part of the reasoning of the judgment of the court of first instance (as stated in the second to fourth of the judgment). As such, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act

(hereinafter the meaning of the terms used in this case is the same as the judgment of the court of first instance). 2. The second ground for the 11th "Evaluation Plan (No. 14)" was added, and the 16-18 "Written Agreement on the Use of Services" was prepared, and "The Agreement on the Use of Services for the Project of this case was entered into" (hereinafter referred to as the "Convention", and the written agreement prepared at the time was referred to as the "Agreement on the Use of Services")," respectively.

The "within two years" in the 4th ambling No. 14 shall be applied to "within one year".

The "in-house telephone" in Chapter 19 of the 5th page shall be filled by the "in-city telephone".

Part 7: (1) in the 7th parallel "No. 8, 2016" was used as " December 8, 2016"; (2) evidence No. 13 and No. 78 were added to the 7-8 conduct (based on recognition).

2. Whether the instant disposition is lawful

A. Article 69(1) of the Local Public Officials Act provides that a public official shall demand a resolution of disciplinary action when he/she violates or neglects his/her duties, and take disciplinary action according to the result of a resolution of disciplinary action, and Article 48 provides that all public officials shall comply with laws and regulations and perform their duties faithfully.

The duty of good faith is the most fundamental and important duty imposed on public officials, and its content is that the duty of good faith shall be faithfully performed by filling the personality and conscience in order to promote the public interest as much as possible and prevent the disadvantage.

Supreme Court Decision 88Nu3161 Decided May 23, 1989, Supreme Court Decision 2016Du38167 Decided December 22, 2017, etc.

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